ORDER SHEET

IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-724 of 2021

 

Date

               Order with signature of Judge

           

 

Applicant:                                  Niaz Hussain, through

                                                  Mr. Sikander Ali Siyal, Advocate

 

Complainant:                             Nemo

 

 

State:                                         Through  Syed Sardar Ali Shah Rizvi,

                                                  Deputy Prosecutor General

 

Date of hearing:                         24.01.2022

 

Dated of order:                           24.01.2022

                                                 

O R D E R

 

Zulfiqar Ali Sangi, J:  Applicant/accused Niaz Hussain son of Muhammad Soomar Lund, is seeking his post-arrest bail in FIR No.48/2021, registered at Police Station Dad Laghari, District Ghotki, under sections 302, 311 and 34 PPC. Earlier his post-arrest bail plea was declined by learned Additional Sessions Judge, Daharki, vide order dated 02.11.2021. Hence, he approached to this court for same relief.

2.              Learned counsel for the applicant has mainly contended that no active role has been assigned to the present applicant and only his presence with lathi is shown at the scene of offence while the main allegation of committing murder of Mst. Sughar is against co-accused Saddam, therefore case against applicant requires further enquiry and he is entitled for concession of bail

3.              Learned Deputy Prosecutor General,  conceded for grant of bail by contending that the applicant is behind the bars since his arrest and nothing has been recovered from his possession.  

 

4.              I have heard learned counsel for the applicant, learned DPG and perused the material available on record with their able assistance.

 

5.              The allegation against the applicant as per FIR is that he along with other co-accused had committed murder of Mst. Sughar on the pretext of honour, however role of present applicant is of only presence at the place of incident with lathi which has not been used and main allegation is against co-accused Saddam. Since the applicant has not been assigned any active role at the time of commission of offence and no private person had appeared at Police Station for registration of FIR which has been lodged on behalf of the State, as such the case of applicant requires further enquiry. Learned DPG has also conceded for grant of bail. Resultantly applicant is admitted to post-arrest bail subject to his furnishing solvent surety in the sum of Rs.100,000/- (rupees one lac) and PR bond in the like amount to the satisfaction of the trial court.

6.              The observations made hereinabove are tentative in nature and will not, in any manner, influence the learned Trial Court at the time of final decision of the subject case.

 

 

 

                                                                           JUDGE

 

 

 Suleman Khan/PA